Case law
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Division and case type: High Court CriminalCriminal Appeal
…On 11th November 2024, this court struck out this appeal on account that it was filed out of time without leave of court extending time for filing the same. 2.…
…Counsel for the Appellant had filed copy of the order extending time for filing of the appeal out of time issued vide HC Criminal Misc. No. E147 of 2024.…
Division and case type: Environment and Land CourtCivil Suit
…Murigi issued on 3rd February, 2025 to allow the Defendants/Applicants to file a defence out of time unconditionally. 5. …
…The Applicants filed a defence dated 26th October, 2021 which was well out of time.…
Division and case type: Environment and Land CourtCivil Suit
…He further averred that the Applicants filed a Notice of Appeal on 11th October, 2023 for a judgment delivered on 22nd September, 2023 thus out of time.…
…It is not in dispute that the said Notice of Appeal was filed before the court’s ruling on 24th November, 2023 granting the Applicants leave to file appeal out of time.…
Division and case type: Environment and Land CourtCivil Suit
…(sic) d) That the Honourable court do grant leave to appeal out of time to the Judgement dated 2/6/2022 e) That the Honourable court do give any other direction that may deem fair and just.…
…He further deponed that he obtained the court judgment in May 2025 and urged the court to grant leave to appeal out of time. 3.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: Environment and Land CourtCivil Suit
…of time.…
…He submitted that the prayer for leave to appeal out of time ought to be directed at the court hearing the appeal and not this court.…
Division and case type: Environment and Land CourtCivil Suit
…of time. 3. …
…of time.…
Division and case type: Environment and Land CourtCivil Suit
…whether to grant leave to the applicant to appeal out of time against the judgment delivered on 19th May 2023; b. …
…Leave to appeal out of time is an equitable remedy which is granted at the discretion of the court, but is not a right.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal was filed out of time without leave. 2. No order for leave to enlarge time for filing the appeal out of time is annexed. 3. The appeal is summarily rejected and struck out. 4. This file is closed.…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…He now applies for leave to file an appeal out of time and without having to pay court fees. Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment.…
Division and case type: High Court DivCivil Suit
…of time on 24th October 2014 could be deemed as being properly on record.…
…I find the following issues emerging for determination; Whether the Applicant has satisfied the conditions requisite for granting leave to file appeal out of time, if so?…
Division and case type: CivilCivil Suit
…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…
…Thus, it was five days out of time.…
Division and case type: Environment and Land CourtCivil Suit
….…………………… 5TH DEFENDANT RULING (On application to file a Notice of Appeal out of time; Section 7 Appellate Jurisdication Act; application allowed) 1.…
…The substantive prayers are firstly to be allowed to change counsel to M/s Kyale Mumo & Associates Advocates after judgment; secondly they seek orders of extension of time to file a notice of appeal out of time arising from…
Division and case type: High Court CivilCivil Suit
…In respect to the issue “whether the Reference is fatally defective for being filed out of time”, the Applicant did not respond or submit thereon. 17.…
…of time was borne out of excusable grounds.…
Division and case type: CriminalCriminal Appeal
…NAI. 11 OF 1999 BETWEEN CALIB KIPROTICH SAWE...................................APPLICANT AND REPUBLIC.............................................RESPONDENT (An application to appeal out of time in the High Court of Kenya…
…at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998 R U L I N G I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice of appeal out of time.…
Division and case type: Environment and Land CourtCivil Suit
…In his affidavit and submissions, the Applicant focused on the merits of the main appeal rather than providing reasons for the delay in filing an appeal out of time. 11.…
…of time.…
Division and case type: Environment and Land CourtCivil Suit
…of time.…
…of time; Length of the delay.…